THE REACH OF WAR: MERCENARIES

THE REACH OF WAR: MERCENARIES; 3 Accused Americans Not Mistreated by Afghans, U.S. Official Says

By AMY WALDMAN

Published: August 25, 2004

KABUL, Afghanistan, Aug. 24—
The United States Embassy here is closely monitoring the trial of three Americans accused of kidnapping, detaining and torturing Afghans to ensure that the men are treated fairly, an American official said Tuesday.

But the official also said that the United States believed that the Afghan authorities had not mistreated the men in custody -- Jonathan K. Idema, Brent Bennett and Edward Caraballo -- and that the government had the right to try them.

''The charges leveled are very serious charges, so it's appropriate that the Afghan government would want to pursue them,'' said the official, who spoke on the condition of anonymity.

The men were arrested in July after the Afghan authorities discovered that they were running a private jail in a house in Kabul. Mr. Idema has insisted that he was on a legitimate counterterrorist operation endorsed by both American and Afghan officials, and that he thwarted several terrorist plots.

Afghan officials have confirmed that Mr. Idema met with at least two cabinet ministers. The American military has acknowledged receiving one detainee from him, and the Pentagon has acknowledged receiving phone calls from him.

But the official said Tuesday that he could find ''no evidence whatsoever that Jack worked for us or was doing anything with the U.S. government.''

Still, the official said, the trial was being closely watched, by the ambassador among others. ''We want to make sure that Jack'' -- as Mr. Idema is known -- ''and the others are fairly treated both while they're in custody and in trial.''

The trial is on recess until next Monday so that a lawyer can be found for Mr. Bennett. The chaotic conduct of the trial on Monday, the judge's repeated statements that he wants to conclude it quickly and the fact that the prosecutor has so far presented almost no evidence have raised questions about its fairness.

Mr. Caraballo appeared in court on Monday with a crutch and a bruised foot. The prosecutor said that he had slipped. Mr. Idema insisted that Mr. Caraballo had been beaten. Mr. Caraballo's lawyer did not comment.

The American official said Tuesday that he believed that the men were being treated properly in prison. ''We don't think they're being mistreated,'' he said.